RAM PRASAD Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 2.1.1982 passed by the learned Addl. Sessions Judge, Negaur convicting the appellants of offence under Sections 323, 147 and 325 I.P.C. and sentencing each of them as under : <FRM>JUDGEMENT_106_LAWS(RAJ)3_1999_1.html</FRM> All the sentences have been ordered to run concurrently. The appellant Puna Ram has been granted benefit of the probation of Sec. 360 Crimial P.C.

(2.) The prosecution case in brief is that on 6.11.1980 Harsukh Ram made a statement before the Investigating Officer that on 5.11.1980 he along with his father Gheesu was returning to home, at that time, the accused persons attacked on them, causing serious injuries. He also stated that Hari Ram was standing at a distance. On this information Police, registered a case of offence under Sections 147, 148, 149, 323, 324 and 325 I.P.C. After usual investigation, the police submitted a charge-sheet against the accused persons for the aforesaid offence. The accused persons pleaded not guilty and claimed trial. The trial court except Ram Kishore convicted all the accused appellants for the aforesaid offences.

(3.) I have heard learned counsel for the appellants and also gone through the record. The ocular testimony of the injured witness finds corroborated from the medical evidence. In view of this, conviction of each of as the appellants does riot call for any interference by this Court. However, considering all the facts and circumstances of the case, I do not find any special reason for not extending the benefit of probation under Sec. 360 Cr.PC.